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HomeMy WebLinkAboutHE Determination SP 2020-010 A Street Sports Complex CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Special Permit, SP 2020-010 East"A" Street Pasco Sporting Complex September 24, 2020 1. FINDINGS OF FACT 1.1 Proposal. The permit request is for Phase I of a 23.88-acre sports complex on five vacant parcels with ten fields. Phase I is 11-acres. It includes an extension of Elm Avenue S. (west of the site)to provide access, and an east-west road, most likely at the project's southern edge, to aid traffic flow. In a future phase, Cedar Avenue will be extended south to connect to the new east- west road, providing two access points, along with a connection along the south property line at Elm and Cedar. 152 parking spaces will be constructed for Phase I, with up to 450 spaces at full build out. The site will require irrigation and potable water. No field or parking lot lighting is proposed for Phase I. 1.2 Applicant. City of Pasco — ACS Dept. — Recreation, 525 N. 3rd Avenue, Pasco, WA 99301. 1.3 Location. SE corner of the intersection of Elm and A Streets. Assessor Parcel Nos. 112461015, 112461042, 112461051, 112462023, and 112462069. 1.4 Site and Surrounding Zoning/Uses. The site is zoned C-3 (General Business) and I-1 (Light Industrial). Surrounding zoning and uses are: North: R-1 (single family homes) East: I-1 and I-2 (agricultural and vacant) South: I-1 (agricultural and vacant) West: I-1 (vacant) 1.5 Evidence Reviewed. The Examiner admitted the Community and Economic Development Department's ("Department") Staff Report, which attached a site plan, maps of the site and surrounding area (overview, vicinity, use, zoning, and comprehensive plan), area photographs, Washington State Department of Transportation comment letter, and the MDNS. Following the hearing,a City staff comment summary,cultural resources survey,and supplemental information on buffering and landscaping,were submitted and admitted. 1.6 SEPA. The Department issued an un-appealed Mitigated Determination of Non- Significance, with this mitigation: 1. A traffic impact analysis to determine the need for traffic mitigation measures shall be prepared in accordance with the City of Pasco's most recent Design and Construction Standards and Specifications. The results of the analysis must be incorporated into conditions of approval for the building permit(s) as applicable. City of Pasco Hearing Examiner Page 1 of 6 Decision, Special Permit SP 2020-010 2. A non-intrusive cultural resources survey from a qualified professional shall be prepared and submitted for approval before any site improvements may begin. 3. The developer must contribute to the cost of the SR 12 / E "A" Street turn restriction improvements as directed by the Washington State Department of Transportation.' 1.7 Hearing. A properly noticed open record public hearing was held on September 9, 2020.2 Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner, Department, and Applicant calling in. Access information was available to the public to allow citizens to join via either a video link or telephone call-in. There were no reported technical difficulties during the call or afterwards. However, in case any citizens who wished to comment had difficulty calling in, the record was kept open through September 11. The Department and Applicant submittal additional exhibits. No public comment was received. The Department, through Mr. Adams, summarized the proposal. He noted future phases will provide additional road improvements and will be subject to an amended or second special permit. He noted staff comment on fence construction along East A Street, a truck route,to protect players from running across the street after soccer balls. Mr. Sherry, a landscape architect, spoke on the Applicant's behalf. He confirmed field lighting would be addressed in a later phase. The Examiner requested additional details on setbacks,particularly from the residential area across the street to the north. No citizen indicated a wish to comment. 1.8 Written Public Comment.No written public comment was received. 1.9 Agency Comment. Washington State Department of Transportation (WSDOT) commented that the US 12/E. A Street intersection, which provides primary access to the sports complex, has experienced one fatal and two serious injury crashes with the last five years. As the proposal will generate up to 714 trips per weekday, WSDOT requested the City require the Applicant to contribute toward planned turn-restrictions in proportion to their impact. This condition became a SEPA requirement (MDNS Conditions 1 and 3), which were not challenged, and which the Special Permit incorporates at Condition 6. The City noted sewer connection may be required, and additional comments related to fire, utilities, and roads included: • Provide Fire Department Turn Around • All overhead power should be relocated to below ground. • Provide second fire department turn around at end of parking lot. • Access road needs to loop--need a minimum of two access points. • Need a tall fence along East "A" Street to contain soccer balls potentially affecting heavy industrial traffic.3 1.10 Applicant Clarifications. • Restroom. In answer to the need for restrooms; concepts for future phases of the project include the addition of an actual restroom/concession building. ' Staff Report,pp. 1-2. 2 Staff Report,p.4;PMC 25.200.070 and PMC 25.210.040.No notice concerns were raised. 3 Staff review from"TRAKiT", submitted after the hearing. City of Pasco Hearing Examiner Page 2 of 6 Decision, Special Permit SP 2020-010 • Hours of Operation. In general, due to school and work schedules, the highest volume of use at sport complexes like this happen on weekday evenings between 5 and Bpm (daylight permitting) and on weekends between 9am and 5pm. Though the fields are open for use on weekday mornings the volume of use would be minimal.4 1.11 Site Physical Characteristics. The site slopes downward about 2% east to west, not exceeding 10%. Approximately 18% of the site will be impervious surface. 1.12 Setbacks and Landscaping. Depending on location, landscaped buffers of 10-20 feet will be present on all perimeters. The Department Staff Report outlined buffer/landscaping requirements regarding adjacent streets. "The site must maintain at least a 20-foot landscaped setback area between all streets, and parking lots with 65 percent live vegetation." (Condition 7). The Applicant also noted the requirement for all perimeters,regardless of street adjacency,to have at least ten feet of landscaping.s 1.13 Cultural Resources.There are no known landmarks, features, or other evidence of Indian or historic use or occupation, including human burials or old cemeteries, nor any material evidence, artifacts, or areas of cultural importance on or near the site. A non-intrusive cultural resources survey is required, Condition 5. The Applicant has submitted that survey. 1.14 Access. East"A" Street. See also summary of street improvements in Finding 1.1. 1.15 Utilities. Water and sewer are available from East"A" Street. 1.16 Traffic and Transportation. The proposed sports complex will generate approximately 714 vehicular trips per day on a typical weekday with peak volumes of traffic in the PM hours, and 303 vehicle trips during the peak hour of traffic on a Saturday. A traffic impact analysis will be required to determine traffic mitigation measures (Condition 3). The nearest Ben- Franklin Transit bus stop is located 200' away on South Elm Street; the Applicant will need to coordinate with Ben-Franklin Transit for bus service to the site. 1.17 Parking. The completed project is planning for 450 parking spaces, with 152 proposed for Phase 1. 1.18 Hours.Fields would be open for morning use during the week,but the heaviest use is expected on weekday evenings, and during the daytime on weekends. 1.19 Lighting. No field lighting is planned for this phase. If later proposed, additional review and permitting would occur. 1.20 Noise. There will be increased automobile noise, and crowd noise associated with sporting events. 1.21 Height. The tallest proposed structure is a 14' portable restroom enclosure. 'Applicant Comment,submitted following the hearing. 'Applicant Comment,submitted following the hearing. City of Pasco Hearing Examiner Page 3 of 6 Decision, Special Permit SP 2020-010 1.22 Conditions. To ensure project development consistent with City requirements and findings, the Department's proposed conditions should be imposed without substantive revision. Except as the Decision revises it, the Staff Report is incorporated. 2. CONCLUSIONS Sports complexes are permitted in the C-3 and I-1 zones by special permit.6 The Hearing Examiner may only grant a special permit if the proposal adequately addresses whether or not: (1) The proposal is in accordance with the goals,policies, objectives, maps and/or narrative text of the Comprehensive Plan; (2) The proposal will adversely affect public infrastructure; (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof, (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; and (6) The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. The Comprehensive Plan encourages the development of tourism and recreational opportunities within the city. The proposed use is an infrastructure improvement and will be an asset to the surrounding neighborhoods, contributing to the quality of life and welfare of nearby residents. The sports complex will generate traffic which will vary during the week;however, it is on an arterial street(East"A" Street)which is a designated truck route. Other infrastructure usage will be minimal as compared to uses allowed in either C-3 or I-1 zoning districts. The C-3 zone allows for building height to 35 feet; the I-1 has no height limit. The tallest structures in the sports complex are restrooms, which are proposed to be up to 14 feet in height.Noise, fumes,vibrations, dust, traffic impacts, flashing lights, and other impacts are no greater than other permitted uses within the district. The proposal will not endanger the public health and safety, and will not constitute a nuisance. As mitigated, and if operated with sensitivity to the nearby residential uses, the proposal can be constructed,maintained, and operated in harmony with the surrounding area's existing and intended character. 6 PMC 25.200.020(6),PMC 25.100.040(5),PMC 25.115.040(1). PMC 25.200.080. City of Pasco Hearing Examiner Page 4 of 6 Decision, Special Permit SP 2020-010 DECISION The Hearing Examiner, pursuant to the above Findings of Fact and Conclusions of Law, approves the requested Special Permit, subject to these conditions. 1. The Special Permit shall apply to Tax Parcels 112461015, 112461042, 112461051, 112462023, and 112462069 and any subsequent subdivisions thereof. 2. The recreation complex must be developed in substantial conformance with the site plan submitted with this special permit application. 3. A traffic impact analysis to determine the need for traffic mitigation measures shall be prepared in accordance with the City of Pasco's most recent Design and Construction Standards and Specifications. The results of the analysis must be incorporated into conditions of approval for the building permit(s) as applicable. 4. The Applicant is responsible for designing and building any required street improvements as per the TIA. 5. A non-intrusive cultural resources survey from a qualified professional shall be prepared and submitted for approval before any site improvements may begin. 6. The developer must contribute to the cost of the SR-12/East "A" Street turn restriction improvements as directed by the Washington State Department of Transportation. 7. The site must maintain at least a 20-foot landscaped setback area between all streets, and parking lots with 65 percent live vegetation. 8. A sports fence shall be required to keep sports balls from landing in the East "A" Street right of way. 9. The parking lot improvements including hard surfacing and landscaping must coincide with and be completed with each phase of the development. 10. No shipping containers or other related or similar temporary structures will be permitted on the site except for during periods of construction only. 11. Underground fire lines and hydrants shall be required for any future buildings at site (concession stand or additional restrooms). 12. Fire Department Turnarounds shall be provided as per Fire Code. 13. The Special Permit shall be null and void if a building permit has not been obtained by October 1, 2021. City of Pasco Hearing Examiner Page 5 of 6 Decision, Special Permit SP 2020-010 Absent a timely appeal, this Decision is final.$ DECISION entered September 24, 2020. City of Pasco Me ng Examiner Susan Elizabeth Drummond 3 See Ch.36.70C RCW(establishing 21 day appeal period to superior court,and setting forth necessary petition for review contents,along with filing and service requirements). City of Pasco Hearing Examiner Page 6 of 5 Decision, Special Permit SP 2020-010